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A

TREATISE

ON THE LAW OF

INSURANCE,

IN FOUR BOOKS;

1. OF MARINE INSURANCES,

II. OF BOTTOMRY AND RESPONDENTIA,

III. OF INSURANCE UPON LIVES,

IV. OF INSURANCE AGAINST FIRE.

By SAMUEL MARSHALL,

SERJEANT AT LAW.

IN TWO VOLUMES,

VOL. II.

Laudo mercatorem, qui fidem, etiam contra leges datam, fervat; fed,
et laudo judicem, qui fraudes et nequitias mercatorum non fovet, et refcindit
pactiones, quas lex refcindi jubet. Judicis eft leges fequi; nec difputare
an turpiter faciat affecurator, qui fidem datam violat.-Efto, turpiter faciat ;
fed, et turpiter facit qui contra leges pacifcitur.

Bynk. Quæft. jur. priv. lib. 4. c. 5.

LONDON:

PRINTED BY A. STRAHAN,

LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY,

FOR J. BUTTERWORTH, FLEET-STREET.

1802.

A

TREATISE

ON THE

LAW OF INSURANCE.

BOOK THE FIRST.

CHA P. XI.

Of the Ship.

IN every marine infurance the ship muft always be an object of great interest to both parties. From the nature of the contract, there are certain ftipulations or conditions implied in it, relative to the fhip, which the infured is bound to fulfil. These are, that the fhip fhall be feaworthy; that she shall not be changed, unless from neceffity, without the consent of the insurers; and that the fhall be conducted and navigated according to law. These matters which embrace all that it will be neceffary to say on the sub

ject of the fhip, will be confidered under the following heads:

1. Of the fea-worthinefs of the fhip;

2. Of changing the ship;

3. Of infurances on goods in "hip or ships ;"

4. Of the conduct of the fhip.

Sect. i.

Of the Sea-worthiness of the Ship.

IT is clear, from the authority of all the writers on the fubject of marine infurances, as well as upon principles of natural juftice, that no loss occafioned by the internal defect of the thing infured, fhall fall on the infurer; and therefore, if the fhip be found incapable of performing the voyage infured, and her inability do not proceed from any accident or misfortune, or from the violence of the winds VOL. II. A 2-A a 5*

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